P.P.Muhammed Zakariya vs C.K.Moideen on 31 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 448 of 2006()


1. P.P.MUHAMMED ZAKARIYA, S/O.HUSSAIN HAJI,
                      ...  Petitioner
2. GOVINDAKUTTY NAIR, S/O.KELU NAIR,
3. THE UNITED INDIA INSURANCE COMPANY LTD.,

                        Vs


1. C.K.MOIDEEN
                       ...       Respondent

                For Petitioner  :SRI.V.N.RAMESAN NAMBISAN

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :31/03/2009

 O R D E R
      C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ.
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                            M.A.C.A. NO: 448 OF 2006
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                      Dated this the 31st March, 2009.

                                        JUDGMENT

RAMACHANDRAN NAIR, J.

The appeal is filed for enhancement of compensation for the

injuries sustained by the appellant. The accident is admitted and

compensation awarded is found payable by the insurer viz., the

third respondent herein. The only question therefore to be

considered is appellant’s claim for enhancement. Counsel has

referred to the wound certificate and other evidence pertaining to

the injuries sustained and the treatment undergone for justifying

enhanced claim for compensation. We find force in this contention

because appellant lost 2 or 3 teeth besides sustaining injury on the

mandible and injury to the lips. Even though counsel contended

that appellant had suffered serious injuries to the legs MACT does

not appear to have noticed it. In any case even for the injuries

noted by MACT, we are of the view that the appellant is entitled to

enhanced compensation. However, considering the hospitalisation

for over two weeks, disability at least temporarily should have been

granted for a few months. We grant a total compensation of

MACA 448/2006 2

Rs.50,000/- as against Rs.18,300/- granted by the MACT. The

additional compensation of Rs.31,700/- granted by us will carry

interest at the rate of 7 = % from the date of application till date of

payment.

C.N. RAMACHANDRAN NAIR
Judge

K. SURENDRA MOHAN
Judge

jj

K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: